Agricultural Wages (Scotland) Act 1949

5 Permits to infirm and incapacitated persons. S

(1) If, on an application in that behalf, [F1 the Secretary of State is] satisfied that a worker employed or desiring to be employed . . . F2 on time work to which a minimum rate fixed under this Act is applicable, or on piece work to which a minimum time rate so fixed is applicable, is so affected by any physical injury or mental deficiency, or any infirmity due to age or to any other cause, that he is incapable of earning that minimum rate, the [F1 Secretary of State shall grant] to him a permit exempting, as from the date of the application or from a later date specified in the permit, his employment from the provisions of the last preceding section relating to payment of wages at not less than the minimum rate, subject to such conditions as may be specified in the permit, including, if the [F1 Secretary of State thinks] fit, a condition as to the wages to be paid to the worker, and, while the permit has effect, an employer shall not be liable to any legal proceedings under the last preceding section for failing to pay to the worker wages at a rate less than the minimum rate if those conditions are complied with.

(2) If an application for a permit under the preceding subsection is not disposed of within twenty-one days after the day on which it is received, then the employer of the worker to whom the application relates shall not be liable to any legal proceedings under the last preceding section for failing to pay to the worker wages at a rate not less than the minimum rate during the interval between the expiration of the said period and the date on which the application is ultimately disposed of.

[F3 (2A) If on an application in that behalf the Secretary of State is satisfied that a worker employed or desiring to be employed is so affected by any physical injury or mental deficiency, or any infirmity due to age or any other cause, as to make it inappropriate for any terms and conditions of employment (other than those with respect to wages and holidays) fixed by an order under this Act to apply to him, the Secretary of State shall grant him, subject to any conditions he may determine, a permit dispensing, as from the date of the application or a later date specified in the permit, with a term or condition specified in the order, and while the permit is in force and any conditions to which the permit is subject are complied with, the terms and conditions fixed by the order shall be deemed to be observed.]

(3) Where [F1 a permit has been granted (whether before or after the commencment of the M1 Agriculture (Miscellaneous Provisions) Act 1972)] under subsection (1) [F4 or (2A)] of this section and at any time thereafter it appears to [F1 the Secretary of State], whether on an application under this subsection or otherwise, that the worker to whom the permit relates is no longer so affected by any such incapacity as is mentioned in the said subsection (1) [F4 or (2A)] as to be incapable of earning the minimum rate in question, [F1 the Secretary of State] shall revoke the permit.

(4) Where . . . F2 it appears to [F1 the Secretary of State], whether on an application under this subsection or otherwise, that by reason of any change in minimum rates of wages or in the circumstances of [F1 a worker to whom a permit has been granted (whether before or after the commencement of the said Act of 1972) under subsection (1) [F5 or (2A)] of this section] it is expedient to vary any condition specified in the permit, [F1 the Secretary of State] may direct that the condition shall be varied in such manner as may be specified in the direction [F6 and, in the case of a variation caused by a change made by an order under this Act in the minimum rates of wages, that variation shall take effect from a date specified in the direction, not being earlier than the date of the change].

[F7 (4A) Notice of application for a permit under subsection (1) [F8 or (2A)] of this section, if made by an employer, shall be given by the Secretary of State to the worker to whom the application relates to enable him to make such representation as he thinks desirable.]

[F9 (4B) Any increase of wages payable by virtue of a variation of a permit under subsection (4) of this section in respect of any time before the date of the variation shall be paid by the employer within a period specified in the order being—

(a) in the case of a worker who is in the employment of the employer on the date on which notice of the variation is given in accordance with subsection (5) of this section a period beginning with that date;

(b) in the case of a worker who is no longer in the employment of the employer on the date referred to in the last preceding paragraph, a period beginning with that date or the date on which the employer receives from the worker or a person acting on his behalf a request in writing for those wages, whichever is the later.]

(5) Before revoking any permit or varying any condition under the preceding provisions of this section [F1 the Secretary of State] shall serve on the worker to whom the permit relates, and, in a case where the identity of his employer is known to [F1 the Secretary of State], on his employer, notice of [F1 his] proposal so to do, and afford to the worker and the employer (where such a notice as aforesaid is required to be served on him) an opportunity of making representations to [F1 the Secretary of State], and no such revocation or variation as aforesaid shall take effect until notice of the revocation or variation has been served by [F1 the Secretary of State] on the worker to whom the permit relates and, in any case where the identity of his employer is known to [F1 the Secretary of State], on his employer.

A notice under this [F10 or the last preceding] subsection shall be duly served on a person if sent to him by post in a registered letter.

(6) Where a permit granted to a worker [F10 (whether before or after the commencement of the said Act of 1972)] under subsection (1) of this section contains a condition for the payment of wages to the worker at a rate not less than the rate therein specified, the amount of wages that may be recovered from an employer of the worker in pursuance of this Act shall, as respects any period during which the permit had effect, be calculated on the basis of the rate so specified instead of on the basis of the minimum rate.

Textual Amendments

F1 Words substituted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 5

F2 Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6

F3 S. 5(2A) inserted by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(1)

F4 Words inserted by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(2)

F5 Words inserted by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(3)(a)

F6 Words added by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(3)(b)

F7 S. 5(4A) inserted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 5

F8 Words inserted by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(4)

F9 S. 5(4B) added by Employment Protection Act 1975 (c. 71), Sch. 10 Pt. II para. 2(5)

F10 Words inserted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 5

Marginal Citations

M1 1972 c. 62.